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HomeMy WebLinkAbout25468AGREEMENT INFORMATION AGREEMENT NUMBER 25468 NAME/TYPE OF AGREEMENT MIAMI-DADE SHERIFF'S OFFICE DESCRIPTION MUTUAL AID AGREEMENT/THEATER MANAGEMENT TASK FORCE/FILE ID: 5992/R-19-0265/MATTER ID: 24-433/#27 EFFECTIVE DATE January 7, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/10/2025 DATE RECEIVED FROM ISSUING DEPT. 2/19/2025 NOTE a,-kutc6 MUTUAL AID AGREEMENT , THREAT MANAGEMENT TASK FORCE MIAMI-DADE SHERIFF'S OFFICE & CITY OF MIAMI WHEREAS, it is the responsibility of the Miami -Dade Sheriff's Office and the participating governing bodies to ensure the public safety of their citizens by providing adequate levels of police services; and WHEREAS, Miami -Dade Sheriff's Office and the City of Miami have the authority under Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a Mutual Aid Agreement; and WHEREAS, this Mutual Aid Agreement is entered into by the Miami -Dade Sheriff's Office and the City of Miami, by and through its Miami Police Department. For readability and brevity, this Mutual Aid Agreement will herein be referred to as the "MAA", the Miami -Dade Sheriff's Office will be referred to as ` iMDSO", the participating governing bodies and law enforcement agencies will be referred to as the "Agency", and when referred to collectively will be referred to as the "Parties", and WHEREAS, the MDS O's Mental Health and Wellness Bureau Threat Management Unit was created for the primary purpose of conducting threat assessments, managing cases, and sharing information of those individuals identified as persons of concern; and WHEREAS, the Florida Department of Children and Families have defined persons of concern as explained in Section I of this MAA; and WHEREAS, the Parties recognize that persons of concern do not operate with regard to jurisdictional boundaries and often the parties respond to different scenes/incidents concerning the same individual; and WHEREAS, identifying and interacting with these individuals or persons of concern has Page 1 of 10 the potential to reduce the number of mental health crisis calls -for -service and also prevent and/or intervene with regard to or otherwise mitigate a targeted act of violence within Miami -Dade County; and WHEREAS, by law enforcement agencies working together, including sharing important information, law enforcement resources will be used more effectively toward improving outcomes for the individuals of concern; and WHEREAS, the MDSO's Threat Management Task Force (TMTF), whereby participating governing bodies and respective law enforcement agencies desire to work in partnership to serve the best interests of public safety; and NOW, THEREFORE, BE IT KNOWN that the MDSO and the AGENCY, and the undersigned representatives, invoke mutual aid and voluntary cooperation between the Sheriff of the Miami -Dade Sheriff's Office and the Agency's Chief of Police by signing this MAA, for the purposes described herein pursuant to the Florida Mutual Aid Act, ss. 23.12 - 23.22, Florida Statutes, and in consideration for mutual promises to render valuable aid, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions. SECTION I. DEFINITIONS Pursuant to Section 394.9082(3)(c) Florida Statutes, the Department of Children and Families (the Department) has defined priority populations, persons of concern, as follows: 1. Adults with a serious mental illness, substance use disorder, or co-occurring disorders who demonstrate high utilization of acute care services, including crisis stabilization, inpatient, and inpatient detoxification services. For purposes of the TMTF, the Depaitinent defines high utilization as: a. Adults with three (3) or more acute care admissions within 180 days; or Page 2 of 10 b. Adults with acute care admissions that last 16 days or longer. 2. For referrals of persons of concern from Law Enforcement Agencies, individuals must meet the following criteria: a. Receiving South Florida Behavioral Health Network (SFBHN) substance abuse and mental health services or be willing to accept Care Coordination services from an SFBHN Network Provider. b. Have a confirmed serious and persistent mental illness and/or co-occurring diagnosis. Note that diagnosis of post -traumatic stress disorder (known as PTSD) alone is not eligible. c. Currently is in or has the potential to experience a state of crisis, substance abuse or dependence, and history of suicidal/homicidal ideation. 3. Individuals must also meet at least one of the following: a. Have a history of violence/aggression towards others, themselves or animals and/or bullying. b. Have negative family dynamics, lack of support system, isolation, instability and/or recent traumatic event. SECTION H. TERMS AND PROCEDURES 1. Operations: a. The AGENCY agrees to furnish necessary manpower, equipment, facilities, and other resources and to render services to MDSO as required to assist MDSO with investigating, apprehending and prosecuting those people who are engaging in criminal activity, and other crimes, outside of the jurisdictional boundaries of the AGENCY, however, the AGENCY shall not be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such Page 3 of 10 assistance. b. The agency heads, or their designees, shall establish procedures for giving control of the mission definition to MDSO, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment ' provided pursuant to this MAA to MDSO. 2. Powers, Privileges, Immunities, and Costs: a. All employees of the AGENCY, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the City pursuant to this agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties for the party by which they are normally employed. b. The party having financial responsibility for the law enforcement agency providing services, personnel, vehicles, equipment, or facilities pursuant to the provisions of this MAA shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. c. The AGENCY shall compensate all of its employees rendering aid pursuant to this MAA and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due to such employees. d. All exemption from ordinances and rules, and all pension, insurance, relief, disability, Page 4 of 10 workers' compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any PARTY when performing their respective functions within the territorial limits of their respective agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extra territorially under the provisions of this MAA. The provisions of this MAA shall apply with equal effect to paid and auxiliary employees. 3. Indemnification: Each PARTY participating in the TMTF pursuant to this MAA agrees to assume responsibility for the acts, omissions, or conduct of such parry's own employees while participating herein and pursuant to this MAA, subject to the provisions of Section 768.28, Florida Statutes, where applicable. "Assume Responsibility" shall mean incurring any and all costs associated with any suit, action, or claim for damages arising from the performance of this agreement. 4. Conflicts: Any conflicts between this MAA and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. SECTION III. COMMAND AND SUPERVISORY RESPONSIBILITY 1. Command: The personnel and equipment that are assigned by the AGENCY shall be under the immediate command and direct supervision of a supervising officer designated by the Sheriff of the Miami -Dade Sheriff's Office, or his/her designee. 2. Conflicts: Whenever an officer is rendering assistance pursuant to this MAA, the officer shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his or her own employer. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, Page 5 of 10 contravened or otherwise in conflict with a direct order of a superior officer of the MDSO, then such rule, regulation, policy, general order or procedure of the AGENCY shall control, and shall supersede the direct order. 3. Complaints: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this MAA, the Miami -Dade Sheriff or Chief of Police, or his/her designee of the agency employing the officer who is the subject of the complaint shall be responsible for the investigation of the complaint. The Miami -Dade Sheriff or Chief of Police or designee should ascertain at a minimum: • The identity of the complainant; • An address where the complainant can be contacted; • The specific allegation; and; • The identity of the employee(s) accused without regard as to agency affiliation. If it is determined during the investigation of a complaint that the accused is an employee of the AGENCY, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the AGENCY for administrative review. MDSO may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of MDSO violated any of its policies or procedures. SECTION IV. PROVISIONS FOR MUTUAL MD AND VOLUNTARY AND OPERATIONAL ASSISTANCE 1. In compliance with and under the authority of this MAA heretofore entered into by MDSO and the AGENCY, it is hereby declared that MDSO is requesting assistance from the AGENCY to participate in the TMTF wherein some duties may be outside of the Page 6 of 10 jurisdictional boundaries of the AGENCY. 2. A deputy sheriff or police officer of either MDSO or the AGENCY shall be considered to be operating under the provisions of this MAA when participating in law enforcement activities that are preplanned and approved by each respective agency head or appropriately dispatched for the purposes of this MAA. 3. The AGENCY agrees to provide personnel to MDSO to achieve the purposes of this MAA. AGENCY personnel will only be assigned to participate in the TMTF governed by this MAA after receiving approval from MDSO. 4. MDSO and the AGENCY will furnish their own vehicles and will be responsible for the expenses, maintenance and any liability incurred with respect to the use of their respective vehicles. 5. RECORDS AND REPORTS: All reports will be maintained by MDSO. With respect to any other records that either PARTY may maintain, each PARTY agrees to comply with public records laws. More specifically, each PARTY will: a. Keep and maintain public records that ordinarily and necessarily would be required by the PARTY in order to perform the services required by this MAA. b. Provide the public with access to public records at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the other PARTY. 6. RELEASE OF INFORMATION TO THE PRESS: At no time will any employee of either Page 7 of 10 PARTY release or discuss with any member of the press any aspect of operations or any aspect of the direction, focus, or general purpose of the TMTF without first consulting with the appropriate supervisor of MDSO. Subsequent to the consultation, officers acting pursuant to the MAA will discuss any information released with the affected MDSO Supervisors to assure that the integrity of the case will not be jeopardized. In most, if not all cases, the release of any information, no matter how generic, will be made jointly with the participation of both PARTIES and pursuant to Florida Statutes Chapter 119 and any other applicable statutes governing the disclosure of public records. SECTION V. TERM This Agreement shall become effective on January 7, 2025, and unless terminated or cancelled on an earlier date, will expire four years from that date. This Agreement may renewed in writing by the PARTIES for additional four year terms. SECTION VI. AMENDMENTS This MAA may be amended as necessary. All such amendments shall be made in writing and signed by the parties. SECTION VII. CANCELLATION This Agreement may be cancelled by either party upon providing thirty (30) days written notice to the other party. Cancellation will be at the discretion of the parties; in the case of MDS O, the Miami -Dade Sheriff or his/her designee is authorized to cancel this Agreement. Page 8 of 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers on the day and year written below. FO IAMI-DADE SHERIFF'S OFFICE: las Rosanna Cordero-Stu , Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: L. c !ei_ lewi., E mod• Title: i lops Date Page 9 of 10 CITY OF MIAMI: Vehz cry, e. /( /2s r V. Noriega, City Manager Date Manuel A. Morales, Chief Miami Police Department AI I EST: B. Hannon, Miami, Florida Date a f ► D/aoa, Date APPROVED AS TO LEGAL FORM AND CORRECTNESS: / !/t/ -�— George Wysong, l sq. City Attorney (JCP / 24-433 - MDC - MAA 2024 - Threat Miami, Florida Management Task Force) 1/30/2025 Date APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management Miami, Florida Date Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Page 10 of 10 abOt